Village greens are at risk from the new act, access campaigners say

Britain’s oldest national conservation society said measures introduced today puts village greens at risk from building development.

The Open Spaces Society said the implementation of the Growth and Infrastructure Act would make it impossible to register any land as a green that has been earmarked for development.

It dismissed Government minister Richard Benyon’s claim that the village-green system had been abused.

Rural Affairs Minister Mr Benyon said: “Towns across the country have been held back from getting the developments they want through misuse of the village green system.

“Rural communities need access to services like healthcare, schools and housing just as much as urban areas.

“These changes will allow that infrastructure to be built, creating jobs and economic growth.”

His views were echoed by Stuart Ropke of the National Housing Federation, the housing associations’ umbrella body, who said: “A lack of housing means young people can’t stay where they grew up and couples can’t put down roots in their village and raise a family.

“Local businesses such as pubs and shops, which are already struggling to stay open, face a bleak future.

“Building just a small number of homes will save these vibrant communities in Britain’s treasured countryside.

“Many want new homes, but opponents have often abused the system and attempted to declare available land a village green.

“Closing this loophole will help rural communities get the homes they so desperately need, housing local people, keeping schools and post offices open and helping rural communities to stay alive.”

Kate Ashbrook: 'No evidence of abuse'. Photo: Andrew McCloy

But Kate Ashbrook, general secretary of the Open Spaces Society, said: “Defra has little evidence that the system is being ‘increasingly abused’

“The number of greens applications made in relation to planning applications is minuscule. In fact the number of greens applications has dropped between 2008 and 2011.”

She said the Department for Environment, Food and Rural Affairs claimed legitimate applications would still be well protected.

Ms Ashbrook said: “Not so. The Growth and Infrastructure Act outlaws an application for a green on any land earmarked for development, so even if people have enjoyed 20 years of informal recreation there, which means the application is legitimate, they cannot apply to register the green.

“What Defra fails to acknowledge is that when local people have used land for a long time for informal recreation, they grow to love it, and they assume it will always be there.

“When it is threatened, of course they want to protect their rights to enjoy it, and greens registration is the means to record their rights.

“Communities may want some developments but they also want their village greens which they have enjoyed for decades.”

The new regulations which take effect today in England mean that local people must submit their application within one year of their use being challenged, instead of two years as previously.

The OSS said landowners can also deposit a statement with their local authority to end any period of recreational use of land and this will be recorded in a register.

Ms Ashbrook said: “We are deeply worried that local people may not be aware of the landowner statements and that the clock is ticking.

“While the notice must be posted on the land for six weeks, there is no requirement to replace any which are removed.

“One year is a short time in which to gather evidence and submit an application. So communities must be super-vigilant and act fast to gather evidence of use once they have been challenged.

“It’s vital that communities identify now any land which might be eligible as a town and village green and to apply to register it.”

She said the society has literature to help them do this.

Defra said the new measures would save local authorities £1.3m a year, as applications often lead to expensive and time-consuming public enquiries and court cases.

Businesses will also make an expected annual saving of £3.4m, it added.